1501:13-9-10
Training, examination, and certification of blasters.

(1)
All surface blasting operations in coal
and industrial minerals mines, including surface blasting operations incident
to underground mining and blasting operations on coal exploration operations,
shall be conducted by a certified blaster who has obtained certification
pursuant to the requirements of this rule.

(2)
The chief may enter into agreements with
other state agencies, boards, or institutions to administer any or all of the
training, examination, and certification requirements of this rule. However,
the final authority to accept or reject applicants for certification or
recertification and the final authority to suspend or revoke a blaster's
certification shall remain with the chief.

(3)
The chief may grant reciprocity to any
blaster who holds a valid certification issued under any state or federal
blaster certification program approved by the U.S. department of interior's
office of surface mining. However, to obtain certification under this rule, the
blaster must apply for and pass an examination on Ohio blasting regulations
pertaining to coal and industrial minerals mines, and meet any other
requirement deemed necessary by the chief.

(B)
Training. The chief shall conduct
workshops, as necessary, to inform blasters of changes in blasting rules and
certification procedures, and shall ensure that courses are available to train
persons responsible for the use of explosives in mining operations. The courses
shall provide training and discuss practical applications of:

(1)
Received a minimum of
forty hours
of training covering all the topics set forth in paragraph (B) of this rule in
a course taught under the supervision of the chief, or in a course, or series
of courses, deemed equivalent by the chief;

(2)
Worked on a blasting crew for at least
two years in mining, excavation, or an equivalent working environment;

(3)
Received direction and
on-the-job training from a certified blaster;

(4)
Exhibited a pattern of conduct consistent
with the acceptance of responsibility for blasting operations; and

(5)
Passed a written examination covering, at
a minimum, the topics set forth in paragraph (B) of this rule.

(1)
The chief, or an
agency, board or institution authorized
by
the chief pursuant to paragraph (A)(2) of this rule, shall certify for
three years those persons examined and found to be competent and to have the
necessary experience to accept responsibility for surface blasting operations
in mines. Each person approved for certification shall
receive a certificate suitable for office display and a wallet-size
identification card. The certificate and identification card shall include, at
a minimum, the type of certification, the person's name, certification number
and date of expiration, and the name and signature of the chief or of the
official of the authorized agency, board or institution granting the
certification.

(2)
To be
recertified without a lapse in certification, a blaster certified under this
rule must have:

(a)
Applied for
recertification no more than ninety days prior to the expiration date of the
blaster's current certificate; and

(b)
Received a minimum of twenty-four hours
of continuing education by attending blasting-related courses, seminars or
conferences approved by the chief or an authorized representative, with at
least eight hours obtained from an organization or person other than the
blaster's employer or its parent company or explosives supplier.

(3)
If a blaster certified under
this rule fails to apply for recertification on, or before, the expiration date
of his or her certificate, the blaster's certification shall expire, and the
blaster shall have thirty days thereafter to apply for recertification without
being subject to re-examination under paragraph (C) of this rule.

(1)
The certificate or wallet-size identification
card issued pursuant to paragraph (D)(1) of this rule, or a copy
of the certificate notarized to be a true and
exact copy , shall be
carried by a blaster, or shall be on file at the mine permit area, during
blasting operations.

(2)
Upon
request by an authorized representative of the chief or other regulatory
authority having jurisdiction over the use of explosives, a blaster shall
immediately exhibit his or her certificate or
wallet-size identification card to the authorized representative.

(4)
A blaster shall not delegate his or her
responsibility to any individual who is not a certified blaster.

(5)
A certified blaster shall take every
reasonable precaution to protect his or her certificate and wallet-size identification card from loss, theft,
or unauthorized duplication. Any such occurrence shall be reported immediately
to the chief.

(1)
Following
written notice and opportunity for a hearing, the chief may, and upon a finding
of willful conduct shall, suspend or revoke the certification of a blaster
during the term of the certification, or take other necessary action for any of
the following reasons:

(a)
Noncompliance with
any order of the chief, any order issued by a regulatory authority having
jurisdiction over the use of explosives, or any order issued by a court of law,
relative to the use of explosives;

(b)
Violation of any provision of state or
federal explosives laws or regulations, a blasting-related permit condition, or
any condition of certification;

(c)
Unlawful use in the work place of, or
current addiction to, alcohol, narcotics, or other dangerous drugs;

(d)
Providing false information or a
misrepresentation on any application for certification or recertification;

(f)
Conducting a blast
where flyrock was cast beyond the permit boundary of any mine.

(2)
If advance notice and
opportunity for a hearing cannot be provided, an opportunity for a hearing
shall be provided as soon as practical following suspension, revocation, or
other adverse action.

(3)
Upon
notice of a suspension or revocation, the blaster shall immediately surrender
the suspended or revoked certificate and wallet-size
identification card and all copies thereof to the chief and may work on a
blasting crew only under the direct supervision of a certified blaster.